CRIMINAL DEFENSE ATTONEY OKC

In Oklahoma, a felony is a more serious criminal offense than a misdemeanor. Felonies are typically crimes that are punishable by imprisonment for one year or more in a state or federal prison, while misdemeanors are generally punishable by imprisonment in a local jail for up to one year.

Some examples of felonies in Oklahoma include murder, rape, robbery, and drug trafficking. Misdemeanors, on the other hand, include crimes like disorderly conduct, simple assault, and DUI (driving under the influence) with no injury or death caused.

Additionally, a felony conviction can result in the loss of certain civil rights, such as the right to vote, own a firearm, or serve on a jury, whereas a misdemeanor conviction generally does not result in the loss of these rights.

It's important to note that the specific penalties for a felony or misdemeanor conviction in Oklahoma can vary depending on the circumstances of the case, such as the severity of the offense, the defendant's criminal history, and other factors. It's always best to consult with one of our qualified criminal defense attorney for advice and guidance on your specific case.

If you are arrested in Oklahoma, you have certain constitutional rights that are protected by the United States Constitution and the Oklahoma Constitution. These rights include:

1. The right to remain silent: You have the right to remain silent and not incriminate yourself. Anything you say can be used against you in court, so it's generally recommended to exercise this right until you have spoken with a qualified criminal defense attorney.

2. The right to an attorney: You have the right to an attorney, and if you cannot afford one, one will be appointed for you. You should ask for an attorney as soon as possible after your arrest.

3. The right to be informed of the charges against you: You have the right to be informed of the charges against you and the evidence that supports those charges.

4. The right to a fair and speedy trial: You have the right to a trial by jury and to have that trial be fair and speedy.

5. The right to confront witnesses: You have the right to confront the witnesses against you and to cross-examine them.

6. The right to be free from unreasonable searches and seizures: You have the right to be free from unreasonable searches and seizures of your person, home, or property.

It's important to remember that these are just some of the constitutional rights that you have when you are arrested in Oklahoma. If you have been arrested or charged with a crime, it's essential to contact our OKC criminal defense attorney’s who can advise you on your specific case and help protect your rights.

In Oklahoma, the potential penalties for a DUI (Driving Under the Influence) conviction can vary depending on the specific circumstances of the case and the defendant's criminal history. However, here are some general penalties that can be imposed for a first-time DUI conviction in Oklahoma:

1. Fines: A first-time DUI conviction in Oklahoma can result in fines ranging from $500 to $1,000.

2. Jail time: A first-time DUI conviction in Oklahoma can result in a jail sentence of up to one year.

3. License suspension: A first-time DUI conviction in Oklahoma can result in a license suspension of up to six months.

4. Community service: A first-time DUI conviction in Oklahoma can require a defendant to perform up to 240 hours of community service.

5. Alcohol education or treatment: A first-time DUI conviction in Oklahoma can require a defendant to attend an alcohol education or treatment program.

It's important to note that the penalties for a DUI conviction in Oklahoma can become more severe for repeat offenders, particularly those with multiple DUI convictions. Additionally, if a DUI results in injury or death to another person, the penalties can be much more severe. If you are facing a DUI charge in Oklahoma, it's essential to contact our criminal defense attorney’s in OKC immediately following any DUI so we can advise you on your specific case and help protect your rights.

Yes, you can be charged with drug possession in Oklahoma even if the drugs were not found on your person. In Oklahoma. Oklahoma law defines drug possession as having control or ownership over a controlled substance. This means that if drugs are found in your vehicle, your home, or any other property that you own or control, you can be charged with drug possession.

However, in order to be convicted of drug possession, the prosecution must prove that you knew the drugs were present and that you had control over them. This can be a difficult burden of proof for the prosecution, particularly if the drugs were found in a shared space or if you were not the only person who had access to the area where the drugs were found.

If you have been charged with drug possession in Oklahoma, it's essential that you contact our criminal defense attorney ASAP. We can advise you on your specific case and help protect your rights. Our experienced attorney can help you understand the charges against you, evaluate the evidence against you, and develop a strong defense strategy to minimize the potential consequences of a conviction.

The process for getting a criminal record expunged in Oklahoma involves several steps. Here is a general overview of the process:

1. Determine if you are eligible: In Oklahoma, not all criminal records are eligible for expungement. You should consult with a qualified criminal defense attorney to determine if your record is eligible for expungement.

2. File a petition: If you are eligible for expungement, you will need to file a petition with the court in the county where the charges were filed. The petition must include certain information, such as the charges you want expunged and why you believe you are entitled to expungement.

3. Serve notice: After you file the petition, you must serve notice of the petition on the prosecutor, the law enforcement agency that made the arrest, and any other agency that may have records related to the charges.

4. Attend a hearing: The court will schedule a hearing to consider your petition. You must attend the hearing and present evidence to support your request for expungement.

5. Wait for a decision: After the hearing, the court will issue a decision on your petition. If the petition is granted, the court will order the records related to the charges to be sealed or destroyed.

6. Notify agencies: If your petition is granted, you must notify any agency or entity that may have records related to the charges that the records have been expunged.

It's important to note that the expungement process in Oklahoma can be complex, and the specific steps involved can vary depending on the circumstances of the case. If you are considering seeking an expungement of your criminal record in Oklahoma, please contact us so we can guide you through the process and help protect your rights.

In Oklahoma, self-defense is a legal defense that can be used in a criminal case to justify the use of force against another person. Self-defense is defined by Oklahoma law as the use of force that is reasonably necessary to defend oneself against an imminent threat of unlawful force from another person.

Under Oklahoma law, the use of force in self-defense is justified only if:

1. The person reasonably believes that force is necessary to protect himself or herself from imminent use of unlawful force by another person; and

2. The person uses no more force than is reasonably necessary to protect himself or herself.

Additionally, the person using force must not have been the initial aggressor in the situation, and the force used must not have been in retaliation for the other person's use of force.

It's important to note that the use of force in self-defense is not an absolute defense in Oklahoma. A jury must evaluate the facts and circumstances of the case to determine if the use of force was reasonable and justified under the circumstances. If you have been charged with a crime in Oklahoma and believe that you acted in self-defense, it's essential to consult with our qualified criminal defense attorney who can help you build a strong defense and protect your rights.

Domestic violence is a serious offense in Oklahoma, and a conviction can result in severe penalties. The potential penalties for a domestic violence conviction in Oklahoma can include:

Jail time: A first offense for domestic abuse is a misdemeanor in Oklahoma, and the maximum penalty is up to one year in jail. However, subsequent offenses or cases involving serious bodily injury can be charged as a felony, and the penalties can include up to 10 years in prison.

1. Fines: The court can impose fines of up to $5,000 for a domestic violence conviction.

2. Probation: The court may impose probation, which can include requirements such as attending counseling or anger management classes, staying away from the victim, and other restrictions.

3. Loss of gun rights: A domestic violence conviction can result in the loss of the right to possess firearms.

4. Restraining orders: The court may issue a restraining order that prohibits contact between the defendant and the victim.

5. Immigration consequences: A domestic violence conviction can have severe immigration consequences for non-citizens, including deportation.

It's important to note that the specific penalties for a domestic violence conviction in Oklahoma can vary depending on the circumstances of the case, such as the severity of the offense, the defendant's criminal history, and other factors. If you are facing charges for domestic violence in Oklahoma, it's essential to consult with our criminal defense attorney who can advise you on the potential consequences of a conviction and help you build a strong defense.

In Oklahoma, certain crimes require that the person who committed the offense had a specific intent or mental state. For example, the crime of first-degree murder requires that the defendant acted with premeditation and deliberation, which means that the defendant intended to kill the victim.

However, there are many crimes in Oklahoma that do not require a specific intent or mental state. These are known as strict liability crimes, and a person can be charged with these offenses even if they did not intend to commit the offense.

An example of a strict liability crime in Oklahoma is driving under the influence (DUI). A person can be charged with DUI if they operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher, regardless of whether they intended to drive while intoxicated.

It's important to note that even if a specific intent is not required for a crime, the prosecution must still prove that the defendant committed the offense. If you have been charged with a crime in Oklahoma and believe that you did not have the required intent to commit the offense, it's essential to consult with our OKC criminal defense attorney who can help you build a strong defense and protect your rights.

In Oklahoma, a bail bond is a way for a defendant to be released from jail while awaiting trial. The bail bond is a financial guarantee that the defendant will appear in court as required.

The process for obtaining a bail bond in Oklahoma typically involves the following steps:

1. Contact a bail bondsman: A bail bondsman is a licensed professional who can help you obtain a bail bond. You will need to provide information about the defendant, such as their name, the charges they are facing, and the amount of bail that has been set.

2. Provide collateral: In Oklahoma, a bail bondsman typically requires collateral to secure the bail bond. This can be in the form of cash, property, or other assets that are equal to or greater than the amount of the bail.

3. Pay a fee: The bail bondsman will charge a fee for their services, typically around 10% of the total bail amount. This fee is non-refundable.

4. Sign a contract: You will need to sign a contract with the bail bondsman, which outlines the terms and conditions of the bail bond.

5. The bail bond is posted: Once the bail bondsman has received the collateral and fee, they will post the bail bond with the court, and the defendant will be released from jail.

It's important to note that if the defendant fails to appear in court as required, the bail bond may be forfeited, and the collateral may be lost. If you are considering obtaining a bail bond in Oklahoma, it's essential to work with a reputable bail bondsman and understand the terms and conditions of the bail bond. If you have been arrested make sure to consult with our OKC criminal defense attorneys ASAP following the incident.

Whether to plead guilty or not guilty to a criminal charge in Oklahoma depends on the specific circumstances of your case. Generally speaking, it's usually best to plead not guilty initially and consult with a qualified criminal defense attorney to evaluate your options.

Here are some factors to consider when deciding whether to plead guilty or not guilty:

1. Strength of the prosecution's case: If the prosecution has a weak case against you, pleading not guilty and fighting the charges may be the best course of action.

2. Potential penalties: Consider the potential penalties if you are convicted of the offense. If the penalties are severe, it may be worth fighting the charges even if the prosecution's case is strong.

3. Available defenses: Your defense attorney can evaluate the available defenses and advise you on the best course of action. For example, if evidence was obtained illegally or if there are issues with the prosecution's case, it may be possible to have the charges dismissed or reduced.

Your criminal record: If you have a prior criminal record, pleading guilty to a new offense can have severe consequences, including a longer sentence or more severe penalties.

Ultimately, the decision to plead guilty or not guilty is a personal one that should be made after careful consideration of all the factors involved. If you are facing criminal charges in Oklahoma, it's essential to contact us ASAP following any incident. criminal defense attorney who can advise you on the best course of action and help you build a strong defense.